A question I really don't want to ask.

[threefiftyfour]

set up a camera, let the cops deal with him. I would think the last thing you would want is to kill your brother, and if he is robbing your mother there is no telling what he would do if you confront him with a gun

 

[Jackson]

What about cameras?

 

[GBuck]

Unless he becomes violent, why would you use force? If he shows up, and illegally enters the property, call the police. Dealing with thieves is their job, not yours. Now, if he brings force into the equation, you have to do what you have to do. Just be sure that you can logically articulate why you did what you did. Remember, in Indiana you have to have reasonable belief your life is in danger or that you are at risk for severe bodily harm.

 

[IndyDave1776]

Indiana Code IC 35-41-3-2 & IC 35-41-3-3

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.

 

[PistolBob]

Hide in the home, somewhere near the door so you can block his exit. Beat him senseless, pepper spray him, or bring him under control some other non lethal way and cable tie his feet and hands in the hogtied position. Call the cops and have them pick him up. Give him noogies every 15 seconds until the cops show up.

 

[tom1025]

I have a huge problem in my life right now. My mother,who is a hard working woman, is dealing with a repetitive burglar. This is happening up to 3 times a week, but it happens in broad daylight while she is at work and only at that time. The police have taken report after report but nothing is being done. We suspect that this thief is actually my very own brother, but we have no proof. I CAN NOT allow my mother to have the stuff she works her butt of for to be stolen. I am planing on arming myself for defense while sitting in her house while she is normally at work to figure out who is doing this. I never thought, nor wanted to get into a position like this but I feel like I don't have a choice. My question would be what force is "ok" to use in this situation since this technically isn't my house. Thanks for your help and advice.

Three times a week? How are they entering the property?

 

[cobber]

Indiana Code IC 35-41-3-2 & IC 35-41-3-3

IC 35-41-3-2
Use of force to protect person or property
Sec. 2.

(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.

One should be careful about the vicarious defense of curtilage. There doesn't appear to be an extension of justification to a third party, be it a relative or not...

If you're planning an ambush you might want to speak to your attorney first.

 

[RobbyMaQ]

Web Camera posts screen caps to an email/text. Try as they might, they can't get any incriminating images, and let the cops do THEIR job. I wouldn't 'seek out' trouble.

 

[PistolBob]

Thought about that, but my brother is ex convict with multiple charges. I do not know if he will be armed with any type of weapon or react violently. He has spaced his self from the family about 3 years ago and has gotten bad on drugs. I feel horrible is only 20 years old and is so far gone from society.

Then go with a set of nanny cameras. Do you know where the cops can pick him up after you give them the videos?

Your brother needs some help, and you don't WANT to kill him but what happens when he busts in one night while mom is home and he beats her or worse? You have what I'd call one crappy situation there. The videos would be a silent witness to his crime, and no one gets hurt unless the cops kill him during apprehension.

I'd still be tempted to administer and old fashioned butt-whuppin...filled with love of course.

 

[RobbyMaQ]

Moreover, cameras mean you don't have a prosecutor reading this thread after the fact.

 

[themadmedic]

One should be careful about the vicarious defense of curtilage.

And the open posting of such a plan on the Internet...

 

[ryan3030]

Deadfall spike trap inside the windows he's climbing in, only option.

In reality, if he's smart enough to kill your DVR, get a camera that uploads stills to a remote location.

Reinforce the doors (solid cores, dead bolts), reinforce the windows with laminate sheets. Maybe hire a house sitter.

If I was relatively sure I knew it was my brother, he'd be getting a visit from me, and probably an ass kicking.

 

[ryan3030]

Also, what kind of piece of s@#% terrorizes his own mother?

 

[tom1025]

I read the Indiana code, and it doesn't really make sense to me in rather it would be a crime to protect myself on someone else's property. I do not want to kill my brother thats for sure, (we are not 100% sure it is him) but like I said I can't let this happen to my mom. She tried cameras once he found them and then tore the house apart looking for the DVR they were recording to.

So where's the recording from this? Seems like rhis would be enough evidence to tie your bother to all the robberies as long as the police didn't find someone elses fingerprints.

No one here can answer your question. Only the situation you find yourself in can dictate your decisions leading up to your actions.

 

[Taylor1911]

What I would do is buy the rubber bullets for a 12g shotgun that way u can have a weapon to make u feel safe and yet if u have to use it no worry of killing someone plus it stops them long enough for u to hog tie them. But I'd keep a side arm just incase u do need that

 

[Jackson]

More than one person has mentioned tying people up. I think anyone should be careful about that sort of thing. I imagine there could be considerable legal problems with tying people up.

 

[GBuck]

More than one person has mentioned tying people up. I think anyone should be careful about that sort of thing. I imagine there could be considerable legal problems with tying people up.

There is. You'd be better off legally holding him at gun point until the police arrived.

 

[Bunnykid68]

Go visit your mother for a week. Then if something bad happens you have every right to be there.

 

[Archer46176]

+++ for cameras and or audio and if you insist on being there then take a friend or 2 as witnesses. It is always better not to take the fight to the criminal which is kind of what you would be doing in my opinion. Defending yourself is one thing but it seems as though you are almost looking for the fight. I get that you dont want your mother to have her things taken none of us want that for our own mothers or anyone elses. BUT think about this if it is your brother and he does become violent he could hurt or kill you even if you are armed. OR you could kill him even if you dont want to and there is the possibility both of you could be hurt or killed so your mother would be losing more than her stuff. Think this through carefully, if nothing else buy the cameras and set out some stuff that is marked so you can prove it was yours or hers to help convince the police when they see the video and eventually find the stuff and link it to whoever is stealing it.

 

[Mackey]

I don't see how sitting there in that home with a weapon waiting for the bad guy you're pretty sure is coming, ends well for you. Even the cops would have backup. Seems like the assumption is that all will end well since you're in the right. What if it's not a family member and you find yourself at the other end of a gun yourself? This is not a good plan.
Cameras, cameras cameras. Online monitoring/recording
You may think that's too expensive, but you wait to see what your legal bills and lost income from missing work costs you after you kill or wound someone.